By: Rob Capriccioso
WASHINGTON - The Department of Homeland Security in conjunction with the Department of the Interior has waived nearly 40 federal laws, including the Native American Graves Protection and Repatriation Act, to try to speed construction of a border fence between the United States and Mexico.
''Congress and the American public have been adamant that they want and expect border security,'' Secretary of Homeland Security Michael Chertoff said in a statement, which announced the action April 1. ''We're serious about delivering it, and these waivers will enable important security projects to keep moving forward.''
NAGPRA, a federal law passed in 1990, created a legal process for federal agencies and institutions that receive federal funding to return American Indian human remains and cultural items to their respective tribes or lineal descendants.
Sherry Hutt, the national NAGPRA program manager, said she was not informed that the waiver would happen before it did; she's put in a call to DHS for an explanation.
''I want to know more about how they're proceeding,'' she said. Several tribal officials nationwide have said that they, too, were not informed of this decision.
Officials with DHS say they are trying to be mindful of culturally focused laws but have found it necessary to make blanket law waivers, since legal challenges have already greatly extended the timeline to build the controversial fence between the U.S. and Mexico.
''We will continue to work with tribal nations and tribal leaders to ensure that we are collaborating before we proceed with any major construction,'' said Laura Keehner, a spokesman for DHS. ''We invite the government-to-government discussions, and definitely expect that to continue.''
Under the waiver, more than 55 miles on the Tohono O'odham Reservation in Arizona would be affected, as well as several miles on lands owned by individual Indians and on other Indian communities.
In total, the waivers apply to 470 miles of land in a stretch of area from California through Texas. In making the waivers, Chertoff is striving to meet a deadline by the end of the year to survey and build nearly 700 miles of fencing. Three hundred and nine miles of fencing have already been built.
Get there whole story here: http://www.indiancountry.com/content.cfm?id=1096417025
Wednesday, April 16, 2008
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